Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/23/2010

Subject: The Court affirmed that a national of a Member State who was employed in another Member State in which his or her child is in education can claim, in the capacity of primary carer for that child, a right of residence in the host Member State on the sole basis of Regulation (EEC) No 1612/68, without being required to satisfy the conditions laid down in Directive 2004/38/EC. The right of residence of the parent is not conditional on that parent having sufficient resources not to become a burden on the social assistance system of that Member State during the period of residence and having comprehensive sickness insurance cover there. This right of residence is not conditional on one of the child’s parents having worked as a migrant worker in that Member State on the date on which the child started in education. Finally the right of residence of the parent ends when the child reaches the age of majority, unless the child continues to need the presence and care of that parent in order to be able to pursue and complete his or her education.

Parties: Teixeira

Classification: Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

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